By Michael O. Allen, Record Staff Writer | Thursday, November 14, 1991
The Record (New Jersey) | 5 Star | NEWS | Page B01
A police officer responds to a call about a woman’s screams. He arrives at the home where the screams were heard and is confronted by a man who tells the officer to leave. Nothing is amiss, says the man.
Should the officer break down the door or walk away?
Under the state’s Domestic Violence Prevention Act, which took effect Tuesday, the officer may decide to enter the home. Under the old law, he could not.
More than 150 officers from Bergen County were briefed Wednesday at a workshop on provisions of the new law, which places a burden on police to make arrests in domestic violence situations if they see injury or other evidence of battery.
“It’s a very pro-victim law,” said Paul Brickfield, Bergen County first assistant prosecutor. “If you have injuries, the defendant is going to be arrested, even when the victim is opposed to the arrest.”
Under the old law, police could not do anything if the victim declined to file a complaint. The new law, in effect, says police must file criminal and civil complaints against the person suspected of committing the violence, then arrest him or her.
Even as they welcomed the law, several officers Wednesday pointed out ambiguities that they say may hamper enforcement. River Edge Police Lt. Ron Starace, echoing a concern of many in the audience, said the new law appears to address obvious cases but not the gray areas where evidence of domestic violence is not apparent.
“There’s going to come a point in time when somebody is going to have to go inside that house,” Starace said. “The law, as it is now written, says we can’t walk away.”
Among other provisions, the law:
– Permits police to seize weapons at the scene of violence if they determine that they present a risk to the victim;
– Expands the definition of whom domestic violence law covers to include not just family or blood relations but also other people who live in the same household, including same-sex roommates, partners in a homosexual relationship, and people staying with a family though not related by blood;
– Requires a court order to rescind a restraining order, and mandates that police must arrest the person being restrained from the victim if they are found together, even in cases of apparent reconciliation.
In some areas, the law raises constitutional questions, Oakland Police Sgt. Robert Haemmerle said. He cited the provisions on the seizure of weapons and the forcible entry of a residence as two aspects that could pose constitutional problems.
Midland Park Police Chief Thomas Monarque advised officers to err on the side of caution and protect the victim by entering the house and seizing weapons. Monarque is a member of the county domestic violence working group that advises the prosecutor’s office on the issue.
“That’s what I would want my officers to do,” said Monarque. “We are in untried constitutional grounds here, but we also have protections built into the new law.”
The officer is protected under the law for any good-faith action taken to protect a victim in an area where the law mandates an arrest, Brickfield said.
“It’s always an emotional situation,” Brickfield said. “Usually, the victim wants the defendant out of the house, the defendant is surprised police are going to remove him from his home to take him to jail.”
As police officers in the county implement the law, the Prosecutor’s Office will address problems and issues when they develop, he said.
Also participating in the day-long workshop were Lucia Van Wettering, an assistant Bergen County prosecutor who handles domestic abuse cases; Mary Pillarella, team leader of the domestic violence intake unit at the Bergen County Superior Court, Family Court; and Gina Plotino of Alternative to Domestic Violence, a county counseling agency for victims and defendants in domestic violence cases.
Caption: 2 PHOTOS – AL PAGLIONE / THE RECORD 1 – Ridgefield Park policeman Frank Schwarz listening to 2 – Susan Kulik, an assistant Bergen County prosecutor, at a domestic violence workshop.
ID: 17361000 | Copyright © 1991, The Record (New Jersey)
